Commission Regulation (EU) No 351/2012
of 23 April 2012
implementing Regulation (EC) No 661/2009 of the European Parliament and of the Council as regards type-approval requirements for the installation of lane departure warning systems in motor vehicles
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor , and in particular Article 14(1)(a) and Article 14(3)(a) thereof,
Whereas:
(1)
Regulation (EC) No 661/2009 lays down basic requirements for the type-approval of motor vehicles of categories M2, M3, N2 and N3 with regard to the installation of lane departure warning systems. It is necessary to set out the specific procedures, tests and requirements for such type-approval.
(2)
Regulation (EC) No 661/2009 provides that the Commission may adopt measures exempting certain vehicles or classes of vehicles of categories M2, M3, N2 and N3 from the obligation to install lane departure warning systems, where following a cost/benefit analysis and taking into account all relevant safety aspects, the application of those systems proves not to be appropriate to the vehicle or class of vehicles concerned.
(3)
The cost/benefit analysis has proven that the application of lane departure warning systems to semi-trailer towing vehicles of category N2 with a maximum mass exceeding 3,5 tonnes but not exceeding 8 tonnes is not appropriate as it would generate more costs than benefits. In addition, it is considered that due to their typical use in specific traffic conditions, the installation of lane departure warning systems would generate only limited safety benefits for category M2 and M3 vehicles of Class A, Class I and Class II, and for articulated buses of category M3 of Class A, Class I and Class II, as well as for certain special purpose vehicles, off-road vehicles and vehicles with more than three axles. Those vehicles should therefore be exempted from the obligation to install those systems.
(4)
The measures provided for in this Regulation are in accordance with the opinion of the Technical Committee – Motor Vehicles,
HAS ADOPTED THIS REGULATION:
OJ L 200, 31.7.2009, p. 1.